Calcutta High Court
Nicco Corporation Limited vs Oil & Natural Gas Corporation Limited & ... on 12 February, 2010
Author: Patherya
Bench: Patherya
GA No. 393 of 2010
CS No. 27 of 2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
NICCO CORPORATION LIMITED
Versus
OIL & NATURAL GAS CORPORATION LIMITED & ANR.
For Petitioner: Mr.Anindya Mitra,Sr.Advocate with Mr.Abhrajit
Mitra, Mr.Jishnu Chowdhury, Ms.R. Kajaria
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 12th February, 2010.
The Court : In a suit for monies and cancellation of notice
dated 1st February, 2010 this application has been filed and orders sought.
The case of the petitioner is that certain works were
awarded to it and the same was to be completed within a time fixed. Such
time was extended from time to time. Such extensions have been granted
till 15th February, 2010. In fact the petitioner was asked to furnish
requisite documents substantiating its request for extension till 31st
December, 2010 and such documents have also been forwarded. Inspite
thereof no decision has been taken on the said documents furnished but
letter dated 1st February, 2010 issued. Such letter has been issued on the
premise that the progress of work is meagre and the operations have come
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to a standstill. In fact no payment has been received by the petitioner since
February, 2009 and therefore failure, if any, cannot be attributed to the
petitioner. Hence the instant application has been filed and orders sought.
No notice of this application has been served on the
respondents as the petitioner apprehends that sums due to it will be
deducted by the respondents.
Having considered the facts of the case and as the documents for extension were furnished on 12th December, 2009 the same ought to have been considered by now. Non-consideration and also no payments made to the petitioner evidences the intention of the respondents not to honour the terms of the agreement and therefore prima facie no progress, if any, can be attributed to the petitioner alone. Accordingly, the parties are directed to maintain status quo as on date till 22nd February, 2010.
The forum selection clause is not definite and therefore, prima facie is not applicable in the instant case.
Matter to appear in the list on 19th February, 2010. All parties to act on a photostat signed copy of this order on the usual undertakings.
( PATHERYA, J.) 3